Colorado § 24-34-801 - Legislative declaration.

§ 24-34-801. Legislative declaration.

(1) The general assembly declares that it is the policy of the state:

(a) To encourage and enable individuals who are visually or hearing impaired or individuals with a disability to participate fully in social, employment, and educational opportunities, as well as other activities in our state on the same terms and conditions as individuals without a disability;

(b) That individuals who are visually or hearing impaired or individuals with a disability have the same rights as individuals without a disability to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places;

(c) That individuals who are visually or hearing impaired or individuals with a disability are entitled to full and equal housing accommodations, facilities, and privileges of all common carriers, airplanes, motor vehicles, trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation, hotels, motels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, including restaurants and grocery stores; and

(d) That individuals who are visually or hearing impaired or individuals with a disability must not be excluded, by reason of his or her disability, from participation in or be denied the benefits of the services, programs, or activities of any public entity or be subject to discrimination by any public entity.

(2) Repealed.

Source: L. 79: Entire part R&RE, p. 939, § 3, effective July 1. L. 86: (1)(e) and (1)(f) amended and (2) added, p. 934, § 1, effective March 20. L. 89: (1)(e) amended, p. 1045, § 1, effective April 19. L. 93: (1)(a) to (1)(d) amended, p. 1663, § 68, effective July 1. L. 95: (1)(e), (1)(f), and (2) repealed, p. 321, § 1, effective August 7. L. 2014: (1) R&RE, (SB 14-118), ch. 250, p. 979, § 10, effective August 6.

Cross references: For provisions that a blind or physically disabled person accompanied by a guide dog or service dog not be denied the facilities of a common carrier, see § 40-9-109; for provision that drivers and pedestrians yield to handicapped person, see § 42-4-808.

ANNOTATION

Law reviews. For article, "School Board of Nassau County v. Arline: An Extension Within Manageable Bounds Protecting the Handicapped", see 65 Den. U. L. Rev. 319 (1988).

Annotator's note. The following annotations include cases decided under this section as it existed prior to its 2014 repeal and reenactment.

Legislative intent in enacting this section and § 24-34-802 was to provide penalties for those employers who exclude handicapped persons from employment solely because of their disability. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).

Portions of this section confer new rights and duties, unknown at common law, and § 24-34-802 provides criminal penalties for violations thereof. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976).

There is no civil action for damages for a violation of this section. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976).

Subsection (1)(b) requires an individual consideration of each employment application to determine whether a particular person is prevented from performing the work by his particular disability. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).

A group hiring exclusion based on nature of handicap is prohibited. A hiring policy is prohibited which excludes from consideration a group whose members are determined by the nature of their handicap. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).

Exclusion of epileptics from positions in hospitals is violative of this section. A hospital's policy of excluding persons with a history of epilepsy from positions involving direct patient care is violative of this section. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).